Sou. Mukta Shriram Kulkarni v. Shri. Shriram Digambar Kulkarni

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36. mca 283-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE CIVIL JURISDICTION MISC. CIVIL APPLICATION NO.283 OF 2019 Sou. Mukta Shriram Kulkarni ...

Applicant

Versus

Shri Shiram Digambar Kulkarni ...

Respondent .....

Mr. Sushil Inamdar i/b Mr. Vijay Killedar for the Applicant. Mr. Jagannath S. Pawar for the Respondent.

.....

CORAM : S.C. GUPTE, J.

DATE : 25 NOVEMBER 2019 P. C. :

.

Heard learned Counsel for the parties.

This Misc. Civil Application seeks transfer of a marriage petition filed by the Respondent before the Court of Civil Judge Senior Division Ratnagiri to the Court of Civil Judge Senior Division Sangli. The application is on the footing that prior matrimonial proceeding under Domestic Violence Act 2005 has been filed by the Applicant in the Court of Judicial Magistrate First Class at Sangli. It is also the case of the Applicant that she is unemployed and unable to bear expenses of attending hearings at Ratnagiri, which is at a long distance from Sangli. It is also submitted that the Applicant's parents are old and cannot accompany her. Mere matter of convenience cannot be made a ground for transfer of court proceeding from one

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36. mca 283-19.doc court to another. So far as the Applicant's inability to bear the expenses of travel from Sangli to Ratnagiri is concerned, the Respondent offers to pay such expenses. If that is so, there is practically no worthwhile grievance on the part of the Applicant for seeking transfer from Ratnagiri to Sangli.

The Misc. Civil Application is, accordingly, disposed of by directing the Respondent to pay a sum of Rs.1500/- for each day of hearing when the Applicant attends the proceeding of marriage petition before the Court of Civil Judge Senior Division at Ratnagiri. The Applicant's travel expenses shall be paid upfront as and when she visits Ratnagiri for attending the hearings.

(S.C. GUPTE, J.)